New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-11-12
LAMAR OR SPARKS MUST GO.
suARp LETTER FROM THE sECRETTRY.


UOUs FOR A SUBORDINATE.
v,suISGToS Nov 11.-Secrctary Lamar, late this
.n,rnoon. sent letter to Commissioner SPARKS Sharply
.rtving TO a communication from him relative TO the
.d,ustment OF the Chicago, ST. Paul, Minneapolis ana
omaha Railroad land grants, and informing him. In
conclusion that either he the Secretary must for'h
With retire from the Department The letter Is In
part a. follows:
DEPARTMENT OF THE INTERIOR. }
WASHINGTON. New. IL. 1887
N N, Commissioner ofMe General Land Ofce
SIR: ] have just received communication bearing
this date changed by erasure and Interpolation rom
previous datel addressed to me by you and VIII try
N answer at once. the matter to which II rel1rs
has already been unnecessarily delayed too long For
tunatcly. will re able TO do THIS more conveniently
because every point submitted has been the subject
Of reconsideration, having been presented through inc
columns of the press. whose enterprise put them IN
possession Of th'sc points before aIpriscd mar
the decision referred 20 in your letter had incurred
your disapproval and pc with your dspeasure
have neither the disposition TO enter upon poieinc
dscns.on with subordinate nor 10 engage with him
his in~istcnce In gladlaoria COMBAT, csPcctaS
go in a matter in which nc has received my carefully
matrel instrucfiona matter of pressing Importance
I'm the publ administration Of my pubic dnrcs IN
pa~mcnt be successfully executed han for the chief
70 cornnan and the subordinate to obey.
Your excuse for this extraordinary communication
IA that an arglmentavc report OF yours 10 tho
Missouri Kansas and Texas Railroad had not been
brought 10 nv attention and that the omaha cases
were. therefore. seems. before you Tine, without
citation of authority In support OF my Your adjust
States In this last assumption YOU in error. and
the reverse of your statement Is the fact
You commence by advising mo that my decision
in the Omaha case-rendcrcd. assert, without
the benefit Of your counsc-was I'm direct antagoni-In
to any decision of the Department. You, however.
Immediately state In substance that prior 1873 the
Government rule of adjustment had been uniformly in
scoOriaacc with the practice laid down by me. And
the Identical report the Missouri Kansas and Texas
TO which you refer for yOur Is di-
rectei to the single point of the Institution Of suits
BY the Government TO lands conveyed
than twelve years since for precisely the character Of
lands discussed In my decision of the Omaha The
f,p,,f
tee of the Government Is that formal decision ai
pear OF record upon the subject in Office. Am
practi of tho Land Department for twenty fVe years
a. having the force and effect Of dccis unless
the prncliS involved have been specifically cJntro-
vcred by some one aud freely submitted for discus
sion
Having thus yourself shown me that nv decision
in exact harmony with the practice Of the Depart
mont unit, 1875. shall not waste time I'm discussing
the decision of the SUPP Court I'm the OF the
Leavenworth lawrence ana Galveston Railroad Com,
pany. the opinion OF Attorney Genera Deven- and
Secrciary Schurz in partial execution thereof which
decision opinion YOU cite ahrOgati1g the former
practice of IN" Executive. Tho doctrine In that case
enumerated has been IN express terms oycrrucd 10y
subsequent dccisiOns OF the supreme Court ana was
par tally Ovcrrul'd by Mr. Dcvcn- in the very opinion
Which yon Gre mo Not anS ipatne that anyGnG n,
obiter In declsiOn and upon The executive action
based thereon an not deem specific discussion
all decisions applicable to the questions b fore me had
been carefully examined and fully considered by me.
DISCUSSION BENEATH HIs DIGNITY
NrNhcr % deem VI necessary 10 repeat my discus
SION of the Barney My construction of it has
aIcaly en- communicated to You You reply max
Impression upon Reduced it, essentials, IT
consists of but two points. 1t Is inmatcrlal to
NE which OF these points you may be pleased to rely
upon. A. you have quoted largely from tie
decision Itself to support your opinion. do not deem
Il ncce say 10 say word. Your quotation from the
decision sufficiently answer your opinion
One word as TO your complaint that my omaha
1oc,ioh POceeds 10 state point Il you have ot
pr pres ana an argument | you) have not made
PANIED moi only with your report which, a. y0u tiuly
state contained no argument Whatever I'm its support.
information Amongst these brought before me At
MY own fognes,' was The opinion Of the A',isaH'-
dls,lnc'ion 10 which you refer wa eaboIatey argued
and Insisted upon.
rep, an legged inpu's alton = at in my first decision In
the Farm Mortgage ca,e you had been iequi.cd to
ceHlfF The lists reported TO the United Circuit
Cout by he master in the case Of the Mad son and
such instructions were ever given Won. You were
reqnieI TO report to me an al uNtmcnt of The grant
In my decision. The said decision of the Circuit
Court was referred to Only being a por.uasi We
Not content with elaborate criticism Of every post
IN my recent decision In the Omaha case You extend
the same grant and extending over period OF more
Sa1e IN VIEW IS n S n %e o s T'4 no yGn s sp
orders and decisions especially direct You adjusting
Other particular classes Of land lost in place Dccn
ING To discus with you these past decisions certainly
.. io77 and you did moi even pretend to have mi,
understood tie meaning Of my Instructions.
You conclude your paper with another elaborate
criticism of my decision upon the branch line Of the
omaha road ion claim gross ms part In
srgnnct upon the prOvIso IL the granting act Under
vo1p a Gy me- IT. seems h3eyer TO have
nor nor my duty In communicating TO you my c6netrnc-
Of the correctness of tcse Instructions by an
ate citation of all decided applicabe to the .nb
1"ct had conceived IT to be my du'y as the head
OF ,hl, DEPARTMENT. and having strictly in view nv
oath OF ONCE to direct You 10 what duie. required
your duty under the same obi ssap. TO 70 DC o s%
instructions or withdraw yourself from the duty Of
and Images Of public life in cTvized c"nnfrie, "a ~
copfrr, wren nodo was my,nf but acting in direct
upon me The exclusive duty Of causing these grants
to De ad m-tcd.
d, ,'ereiore only remains for me his point "a
b,'po>e on yonr elementary citations Of legal maxm-
TREY Irrelevant. ' 'P' q"
ONE OR THE OTTER MUST GO
however we may differ I'm construction Of the
~'"'c' or OF decided case. and whatever variance
' NN' Va our conceptions of our public duties am
constrained I" say to You that there Is obviously
ono point upon which are in thorough accord
'Poh this point you have cceed In the comuuuj.
es'loh before me In rlveting on my mind profound
oonNodvh- Inc practical effect yonr present
SVuise' Is that you execute my orser. and
oo" my Instructions and cooperate In my almni.
en".c "hont SITendeIlng opinion. which should be
e. ,'t ,t an, interests am a. sincere you can be
'hc prD'Ouii conviction that in.iructi {" you
arc III enact accoroan with the law Of Congress, in
ms with the decisions Of The courts aud IN sum orr
vi the supremacy OF law and It's inviOlabily. II f.
'mp~~be for me In cOnirdVcntiOn
opinions. rived at after 'Dng anxious study "a
surrender them to You. nl"r these circuHI-i ancrs
l. que To orderly ana dccOrOu~ aluin -tratiOn Of tho
o GU nnrh, 10 Important pubic Interest. ami the
.oh'hVi cdh~c conhhcd I'm part 10 our hands by the
ivsrueht' ana To Tie personal regard that we should
pom entertain for him. that be Shall be allowed u
Nn""sn S~'ic'afy OF TIE Interior Will conform
ADMINISTRATION 10 your opinions, TO appoint
.oiiu I,>'Ohf OF Public Ian.S who VIII administer
II El Of
with the chief ~ the Department and without uutflny
tlm 10 me ~ cc~Sy Of more d. c',ive action on hi,
part I'M, alternative ] shaI submit TO the President
al the san" time that thi, Taper shall Le banesd to
you Very Respectfully.
l.. .. G. LAMAR. SECRETARY